Khalaf & Nguyen has extensive experience representing clients charged with felonies and misdemeanors

If you're arrested in Mississippi, it’s crucial to protect your rights from the beginning. Here’s a step-by-step guide on what to do:

• Don't resist arrest, even if you believe it's unjust.

• Avoid arguing or physically reacting.

• Say: “I am invoking my right to remain silent.”

• Do not answer questions about the incident or your involvement.

• Say: “I want a lawyer.”

• Do not speak to police or prosecutors until you have legal representation.

Politely refuse if they ask to search you, your car, or your home without a warrant.

• You should be informed of the charges against you.

• Within 48 hours, you’re typically entitled to a preliminary appearance before a judge (per Mississippi Rules of Criminal Procedure).

• The judge may set bail. You can post cash, use a bail bondsman, or ask for a bond reduction hearing if it's too high.

• Khalaf & Nguyen can guide you through the process, protect your rights, and help prepare your defense.

• Failing to appear can result in a bench warrant and additional charges.

• Write down everything you remember about the arrest as soon as possible.

• Include officer names, badge numbers, and witness contact info.

• Depending on the charge, you may be eligible for pre-trial diversion, non-adjudication, or drug court programs.

In Mississippi, your first court appearance after an arrest is a preliminary appearance, sometimes called an initial appearance. Here's what happens and what you need to know:

• Must occur within 48 hours of arrest (excluding weekends/holidays), if you're held in custody.

At this hearing, the judge will:

1. Inform you of your charges
2. Explain your rights, including the right to an attorney
3. Consider bail or release conditions
4. Set the next court date (like a preliminary hearing)

Don’t plead guilty or discuss the case—this is not a trial.

Depending on the charges:

• Misdemeanor cases: Court will schedule a pre-trial conference or a trial date in municipal or justice court.

• Felony cases can schedule a preliminary hearing, then potentially to grand jury for indictment.

In Mississippi, "crimes of violence" are defined by statute. The key law that lists these crimes is Miss. Code Ann. § 97-3-2.

Under Miss. Code Ann. § 97-3-2(1), the following are defined as "crimes of violence":

(a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);

(b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;

(c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);

(d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;

(e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);

(f) Kidnapping as provided in Section 97-3-53;

(g) Human trafficking as provided in Section 97-3-54.1;

(h) Poisoning as provided in Section 97-3-61;

(i) Rape as provided in Sections 97-3-65 and 97-3-71;

(j) Robbery as provided in Sections 97-3-73 and 97-3-79;

(k) Sexual battery as provided in Section 97-3-95;

(l) Drive-by shooting or bombing as provided in Section 97-3-109;

(m) Carjacking as provided in Section 97-3-117;

(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;

(o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;

(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;

(q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;

(r) Exploitation of a child as provided in Section 97-5-33;

(s) Gratification of lust as provided in Section 97-5-23; and

(t) Shooting into a dwelling as provided in Section 97-37-29.

Under Miss. Code Ann. § 97-3-2(2), the judge has discretion:

"In any felony offense with a maximum sentence of no less than five (5) years, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while not listed in subsection (1) of this section, shall be classified as a crime of violence if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act. No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court."